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Prayagraj, 10 October (Hindustan Reporter). The Allahabad High Court has said in an order that on the basis of the applicant having knowledge of the facts, the Magistrate cannot refuse to direct the registration of FIR on the application of 156 (3).
The Magistrate must consider the gravity of the offence, requirement of evidence and interest of justice while passing an order under Section 156(3) of CrPC. The court also said that the magistrate should see whether the case requires a police investigation or not. Such as identifying accused, recovering missing persons or stolen property, or collecting evidence. Along with this, the court has directed to make a new order as per the law within a month.
Justice Manjurani Chauhan has given this order on the application of Mukesh Kharwar. Chandauli resident Mukesh Kharwar had filed an application under section 156 (3) of CrPC alleging that he is an elected member of the area Panchayat Chahaniya. On February 4, 2024, he along with 66 area Panchayat members had gathered at the DM office to present a no-confidence motion against block chief Chahaniya Arun Kumar Jaiswal. Angered by this, Gopal Singh alias Bablu and Monu Singh reached the village on 14 February 2024 and forced them to sign an affidavit in favor of the block chief.
When they refused, they abused and beat them using caste based words. They tried to force him onto the motorcycle and attacked him. Hearing the noise, his wife and other villagers reached there and intervened and saved him. It is also alleged that he tried to lodge an FIR in the concerned police station but to no avail. After this an application was filed under 156(3). The concerned magistrate registered the application as a complaint.
The prayer for issuing directions for filing FIR was rejected. The petitioner challenged this in the High Court. After observing the facts and hearing the arguments, the court canceled the magistrate's order and directed to make a new order.
